Knowra Source protection Source protection Source protection comprises journalistic practices and legal principles that preserve the anonymity of confidential sources and limit compelled disclosure of their identities.
Shield law : A statute that limits when journalists can be compelled to identify confidential sources or disclose unpublished material. These laws give statutory form to source protection, though their scope varies by jurisdiction.
Branzburg v. Hayes : A 1972 U.S. Supreme Court decision holding that the First Amendment did not give reporters a general exemption from grand-jury testimony. Its ruling sharply limits claims of a constitutional privilege against identifying sources in grand-jury proceedings.
New York Times Co. v. United States : A 1971 U.S. Supreme Court case rejecting the government's attempt to block publication of the Pentagon Papers. The case illustrates press freedom's role in publishing leaked information, distinct from protecting a source's identity.
Bartnicki v. Vopper : A 2001 U.S. Supreme Court decision protecting publication of truthful information on a matter of public concern, unlawfully intercepted by someone else. It raises questions about publishing confidential communications when journalists did not obtain them unlawfully.
Journalist's privilege : A legal protection that can let journalists resist compelled disclosure of sources or unpublished information. Courts may recognize this privilege even where no shield law applies.
Contempt of court : A court's sanction for disobedience, disrespect, or obstruction of its authority. Journalists who refuse disclosure orders may face contempt sanctions, including fines or imprisonment.
Pentagon Papers : A classified U.S. government history of the Vietnam War leaked to the press and published in 1971. The leak prompted landmark litigation over publication and intensified scrutiny of confidential sourcing.
National security : The protection of a state's people, institutions, and interests from serious threats. Governments may argue that source disclosure is necessary to investigate leaks of classified information.
Reporter-source privilege : A legal privilege concerning journalists' claims to withhold confidential sources or unpublished information from legal process. It frames source protection as an evidentiary issue in litigation and investigations.
Journalistic ethics : Standards guiding journalists' conduct, including accuracy, independence, fairness, and minimizing harm. Ethical commitments to confidentiality can persist even when legal protection is uncertain.
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